Supreme Court pulls up Centre over rising acid attacks; says guidelines to curb sales have failed

The Supreme Court on Tuesday came down heavily on the Central government over the continuing incidents of acid attacks, observing that its guidelines to curb the illegal sale of acid have failed.

A bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing pleas concerning the rehabilitation of acid attack survivors and regulation of the sale of acid.

"Despite your guidelines, unfortunate incidents are taking place. In fact, such incidents are increasing. That means there is something wrong. Your guidelines have not achieved the object for which they were framed. That itself is a reason to revisit them," the CJI said.

The Court said that guidelines alone will not be sufficient to tackle the menace, and enforcement accountability of concerned officers would be the key.

"You cannot remain happy and satisfied merely because guidelines have been issued and the burden has been passed on to the States," CJI Kant said.

The CJI also asked whether the Central government had sought explanations from States and fixed accountability on officers and enforcement agencies.

"Merely issuing circulars in very good, compassionate and passionate language will not serve the purpose," CJI Kant said.

The Court added that while it understands that a federal structure is in place under which law and order falls within the domain of States, the Central government must ensure that its guidelines are implemented by the States.

"We understand the federal structure and the responsibilities assigned to States. You may not wish to usurp those responsibilities. But reminding States of their obligations and ensuring that your guidelines are implemented is also a responsibility you must shoulder," the CJI said.

Justice Bagchi questioned the need for acid to be sold over the counter at all.

"There are several substitutes readily available today, and at inexpensive prices. Why must acid remain available in the open market?" he asked, adding that Bangladesh has a very strong law on the subject.

The Court said that industrial purchases are generally wholesale transactions and stand on a different footing.

It asked the Centre to first identify the purposes for which retail sale of acid was originally permitted and constitute a team of experts to examine whether substitutes are now available.

Wherever acid is indispensable, there can be a strictly regulated mechanism, the Court said.

On the previous date, the Union government had been directed to indicate its stand on banning over-the-counter sale of acid. The petitioners today pressed for a time-bound direction, clarifying that they were not seeking to interfere with legitimate industrial use.

Additional Solicitor General (ASG) Archana Pathak Dave told the Court that detailed guidelines had been circulated to States, which have framed rules, but implementation remains very weak.

She said the Centre would take instructions on a complete ban or stricter curbs, such as maintaining purchaser records and restricting sale to wholesale outlets.

The Court sought data on whether acid attacks have increased over time.

"If the number of incidents is increasing, it means the policy has failed," he said.

The Court also directed that a survivor-centric rehabilitation framework placed on record by an intervening NGO be submitted to the National Legal Services Authority (NALSA) for examination.

The CJI said NALSA and the Union government should invite suggestions from all stakeholders, including survivors themselves.

The bench further impressed upon authorities to consider shifting an acid attack victim undergoing treatment at Sir Ganga Ram Hospital to a private room where her mother could stay with her.

"We have to walk the extra mile," the Court said.

The matter will be heard next in two weeks.

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